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Madras High Court today dismissed an
application seeking to restrain DMDK founder leader Vijaykant
from functioning as an MLA and Leader of the Opposition in the
Assembly till the disposal of an election petition against
him. Justice K Venkataraman rejected the application by M
Jayanthi, who has filed the election petition seeking to set
aside the election of Vijaykant from Rishivandhiyam segment in
the March 2011 assembly polls. She had contended that the rejection of her nomination by
the Returning Officer in the polls was improper. In her application, the petitioner submitted that she had
made out a strong case in her election petition and said if
her petition was allowed, the entire functioning of Vijayakant
as MLA was liable to be set aside. Therefore, it had become necessary to seek an interim
injunction restraining him from acting as an MLA and Leader of
the Opposition, she said. The Judge said whether the rejection of her nomination was
valid or not should be decided in the final hearing after a
full-fledged trial and so it was not justifiable to grant the
interim injunction as sought for. "The applicant who was sure of success in the election
petition on the ground that her nomination had been returned
unjustifiably, should take all efforts to ensure that the
trial in the election petition is completed at the earliest,
instead of filing application after application which would
only stall furtherance of trial," he said.
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